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Ask Dave Taylor: Is Instagram going to sell my photos?

By Dave Taylor, For the Camera

Posted:
12/23/2012 11:33:32 PM MST

Updated:
12/23/2012 11:34:53 PM MST

Q:My daughter got me hooked up with Instagram and I've found the photo sharing service addictive. It's fascinating to see what other people are seeing throughout the world, all uploaded 24x7. I've been posting photos of my own, too, which is fun!

Now my daughter's telling me that Instagram is going to sell my photos without sharing the revenue or even asking permission? That can't be right! What's the story?

A: I'm impressed. Your daughter's really on top of the news! In fact Instagram, the popular photo sharing service now owned by Facebook, did recently change what's called their Terms of Service, a typically long legal contract between the service and the user.

In it, there's now this paragraph: "(Instagram) may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you."

Unwind it and it certainly seems to say that Instagram can take whatever of your content it likes and have at it, either selling it, using it in ad campaigns or even featuring it on their home page, all without notification or compensation.

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But here's the misunderstanding: "may pay us to display..." doesn't mean that your content's being sold, it means that Instagram, quite reasonably, needs to generate revenue as part of its business operations and your agreement with the service is more of a license deal, where you license images you upload -- by agreeing to their terms of service -- as detailed above.

There has been quite an outpouring in response to the change in Terms of Service, so much so that the team at Instagram already posted a clarification on the company blog).

Here's what they said:

"Our intention in updating the terms was to communicate that we'd like to experiment with innovative advertising that feels appropriate on Instagram. Instead it was interpreted by many that we were going to sell your photos to others without any compensation. This is not true and it is our mistake that this language is confusing. To be clear: it is not our intention to sell your photos."

Use versus license versus sell. A big difference!

Does this perfectly clear up the confusion and should you immediately bail on Instagram now that it appears they have some zealous desire to exploit photos that users upload?

I don't think so. They're a commercial business, they need to generate a profit through some means, so if they can figure out an advertising angle that generates operating income, the service will improve and gain additional features. Given that there's no "$25/year" pro user option, there aren't really many other ways to earn that capitalist life blood for the organization.

I believe Instagram learned the hard way that people leap before they understand, share strident opinions that are based on incorrect interpretations and gossip -- and the Instagram team is busy clarifying exactly what they seek and how you'll be able to opt out.

If you're uncomfortable with this, it's not hard to switch to a different service -- albeit one that's probably not quite as engaging -- but instead I'd just counsel patience.

Give them a month, let's see what transpires.

Dave Taylor has been involved with the Internet and online world since 1980 and runs the popular AskDaveTaylor.com tech support blog. You can find him on Twitter as @DaveTaylor, too.

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